CS/HB 1113

1	A bill to be entitled
2	An act relating to the code of ethics for public officers
3	and employees; amending s. 112.312, F.S.; redefining the
4	term "business entity" to include a company; amending s.
5	112.3135, F.S.; providing that both an official and the
6	official's relative are subject to penalties if a
7	prohibited appointment, employment, promotion, or
8	advancement in or to a position occurs; providing an
9	exception if the official does not participate in the
10	appointment, employment, promotion, or advancement;
11	amending s. 112.3143, F.S.; revising the disclosure
12	requirements for a state officer when voting in an
13	official capacity; revising the disclosure requirements
14	for an appointed state officer participating in certain
15	matters; providing an exception for a state officer when
16	the officer's principal is an agency as defined in s.
17	112.312(2), F.S.; revising the disclosure requirements for
18	a local officer when prohibited from voting; prohibiting a
19	local officer from participating in any matter involving
20	special gain or loss to certain parties unless such
21	interest in the matter is disclosed; providing
22	requirements for making the disclosure; amending s.
23	112.3145, F.S.; redefining the term "local officer" to
24	include an appointed member of the board of a community
25	redevelopment agency and a finance director of a local
26	government or other political subdivision; requiring a
27	financial interest statement to show the statutory method
28	used to disclose a reporting individual's financial
29	interests; amending s. 112.3148, F.S.; redefining the term
30	"procurement employee"; defining the term "vendor";
31	prohibiting a reporting individual or procurement employee
32	from soliciting a gift from certain vendors; prohibiting
33	such individual or employee from knowingly accepting a
34	gift in excess of a specified value from certain vendors;
35	prohibiting certain vendors from making such a gift to
36	such individual or employee; amending s. 112.3149, F.S.;
37	redefining the term "procurement employee"; defining the
38	term "vendor"; prohibiting a reporting individual or
39	procurement employee from knowingly accepting an
40	honorarium from certain vendors; prohibiting certain
41	vendors from giving an honorarium to such individual or
42	employee; amending s. 112.3215, F.S.; requiring the Ethics
43	Commission to investigate complaints alleging prohibited
44	expenditures; providing for the investigation of lobbyists
45	and principals under certain circumstances; providing
46	penalties for failure to provide required information or
47	providing false information; creating s. 112.3136, F.S.;
48	specifying standards of conduct for officers and employees
49	of entities serving as the chief administrative officer of
50	a political subdivision; amending s. 112.317, F.S.;
51	providing for penalties to be imposed against persons
52	other than lobbyists or public officers and employees;
53	amending s. 112.324, F.S.; providing for the commission to
54	report to the Governor violations involving persons other
55	than lobbyists or public officers and employees; amending
56	s. 411.01, F.S., relating to school readiness programs;
57	conforming a cross-reference; providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Subsection (5) of section 112.312, Florida
62	Statutes, is amended to read:
63	112.312  Definitions.--As used in this part and for
64	purposes of the provisions of s. 8, Art. II of the State
65	Constitution, unless the context otherwise requires:
66	(5)  "Business entity" means any corporation, company,
67	partnership, limited partnership, proprietorship, firm,
68	enterprise, franchise, association, self-employed individual, or
69	trust, whether fictitiously named or not, doing business in this
70	state.
71	Section 2.  Paragraph (a) of subsection (2) of section
72	112.3135, Florida Statutes, is amended to read:
73	112.3135  Restriction on employment of relatives.--
74	(2)(a)  A public official may not appoint, employ, promote,
75	or advance, or advocate for appointment, employment, promotion,
76	or advancement, in or to a position in the agency in which the
77	official is serving or over which the official, or collegial
78	body of which the official is a member, exercises jurisdiction
79	or control, any individual who is a relative of the public
80	official. An individual may not be appointed, employed,
81	promoted, or advanced in or to a position in an agency if such
82	appointment, employment, promotion, or advancement has been made
83	or advocated by a public official, serving in or exercising
84	jurisdiction or control over the agency, who is a relative of
85	the individual or if such appointment, employment, promotion, or
86	advancement is made by a collegial body of which a relative of
87	the individual is a member. If a prohibited appointment,
88	employment, promotion, or advancement occurs, both the official
89	and the individual shall be subject to penalties under s.
90	112.317; however, if the appointment, employment, promotion, or
91	advancement is made by the collegial body of which the official
92	is a member without the official's participation, only the
93	individual shall be subject to penalties under s. 112.317.
94	However, This subsection does shall not apply to appointments to
95	boards other than those with land-planning or zoning
96	responsibilities in those municipalities with less than 35,000
97	population. This subsection does not apply to persons serving in
98	a volunteer capacity who provide emergency medical,
99	firefighting, or police services. Such persons may receive,
100	without losing their volunteer status, reimbursements for the
101	costs of any training they get relating to the provision of
102	volunteer emergency medical, firefighting, or police services
103	and payment for any incidental expenses relating to those
104	services that they provide.
105	Section 3.  Section 112.3143, Florida Statutes, is amended
106	to read:
107	112.3143  Voting conflicts.--
108	(1)  As used in this section:
109	(a)  "Public officer" includes any person elected or
110	appointed to hold office in any agency, including any person
111	serving on an advisory body.
112	(b)  "Relative" means any father, mother, son, daughter,
113	husband, wife, brother, sister, father-in-law, mother-in-law,
114	son-in-law, or daughter-in-law.
115	(2)  A No state public officer is not prohibited from
116	voting in an official capacity on any matter. However, any state
117	public officer voting in an official capacity upon any measure
118	that which would inure to the officer's special private gain or
119	loss; that which he or she knows would inure to the special
120	private gain or loss of any principal by whom the officer is
121	retained or to the parent organization, sibling, or subsidiary
122	of a corporate principal by which the officer is retained, other
123	than an agency as defined in s. 112.312(2); or that which the
124	officer knows would inure to the special private gain or loss of
125	a relative or business associate of the public officer shall,
126	within 15 days after the vote occurs, disclose the nature of all
127	of his or her interests in the matter, and disclose the nature
128	of all of the interests of his or her principals, relatives, or
129	business associates which are known to him or her, his or her
130	interest as a public record in a memorandum filed with the
131	person responsible for recording the minutes of the meeting, who
132	shall incorporate the memorandum in the minutes.
133	(3)  An appointed state public officer may not participate
134	in any matter that would inure to the officer's special private
135	gain or loss; that the officer knows would inure to the special
136	private gain or loss of any principal by whom he or she is
137	retained or to the parent organization, sibling, or subsidiary
138	of a corporate principal by which he or she is retained, other
139	than an agency as defined in s. 112.312(2); or that he or she
140	knows would inure to the special private gain or loss of a
141	relative or business associate of the public officer, without
142	first disclosing the nature of his or her interest in the
143	matter.
144	(a)  Such disclosure, indicating the nature of all of his
145	or her interests in the matter and disclosing the nature of all
146	of the interests of the principals, relatives, or business
147	associates which are known to him or her, shall be made in a
148	written memorandum and filed with the person responsible for
149	recording the minutes of the meeting before the meeting in which
150	consideration of the matter will take place, and shall be
151	incorporated into the minutes. Any such memorandum becomes a
152	public record upon filing, shall immediately be provided to the
153	other members of the agency, and shall be read publicly at the
154	next meeting held subsequent to the filing of this written
155	memorandum.
156	(b)  If disclosure is not made before the meeting or if any
157	conflict is unknown before the meeting, the disclosure shall be
158	made orally at the meeting when it becomes known that a conflict
159	exists. The written memorandum disclosing the nature of the
160	conflict must be filed with the person responsible for recording
161	the minutes of the meeting within 15 days after the oral
162	disclosure and shall be incorporated into the minutes of the
163	meeting at which the oral disclosure was made. Any such
164	memorandum becomes a public record upon filing, shall
165	immediately be provided to the other members of the agency, and
166	shall be read publicly at the next meeting held subsequent to
167	the filing of this written memorandum.
168	(4)(3)(a)  A No county, municipal, or other local public
169	officer may not shall vote in an official capacity upon any
170	measure that which would inure to his or her special private
171	gain or loss; that which he or she knows would inure to the
172	special private gain or loss of any principal by whom he or she
173	is retained or to the parent organization, sibling, or
174	subsidiary of a corporate principal by which he or she is
175	retained, other than an agency as defined in s. 112.312(2); or
176	that which he or she knows would inure to the special private
177	gain or loss of a relative or business associate of the public
178	officer. Such public officer shall, before prior to the vote is
179	being taken, publicly state to the assembly the nature of all of
180	the officer's interests interest in the matter, and all of the
181	interests in the matter of his or her principals, relatives, or
182	business associates which are known to him or her, from which he
183	or she is abstaining from voting and, within 15 days after the
184	vote occurs, disclose the nature of all of his or her interests
185	in the matter, and disclose the nature of all of the interests
186	of his or her principals, relatives, or business associates
187	which are known to him or her, his or her interest as a public
188	record in a memorandum filed with the person responsible for
189	recording the minutes of the meeting, who shall incorporate the
190	memorandum in the minutes.
191	(b)  However, a commissioner of a community redevelopment
192	agency created or designated pursuant to s. 163.356 or s.
193	163.357, or an officer of an independent special tax district
194	elected on a one-acre, one-vote basis, is not prohibited from
195	voting, when voting in that said capacity.
196	(4)  No appointed public officer shall participate in any
197	matter which would inure to the officer's special private gain
198	or loss; which the officer knows would inure to the special
199	private gain or loss of any principal by whom he or she is
200	retained or to the parent organization or subsidiary of a
201	corporate principal by which he or she is retained; or which he
202	or she knows would inure to the special private gain or loss of
203	a relative or business associate of the public officer, without
204	first disclosing the nature of his or her interest in the
205	matter.
206	(a)  Such disclosure, indicating the nature of the
207	conflict, shall be made in a written memorandum filed with the
208	person responsible for recording the minutes of the meeting,
209	prior to the meeting in which consideration of the matter will
210	take place, and shall be incorporated into the minutes. Any such
211	memorandum shall become a public record upon filing, shall
212	immediately be provided to the other members of the agency, and
213	shall be read publicly at the next meeting held subsequent to
214	the filing of this written memorandum.
215	(b)  In the event that disclosure has not been made prior
216	to the meeting or that any conflict is unknown prior to the
217	meeting, the disclosure shall be made orally at the meeting when
218	it becomes known that a conflict exists. A written memorandum
219	disclosing the nature of the conflict shall then be filed within
220	15 days after the oral disclosure with the person responsible
221	for recording the minutes of the meeting and shall be
222	incorporated into the minutes of the meeting at which the oral
223	disclosure was made. Any such memorandum shall become a public
224	record upon filing, shall immediately be provided to the other
225	members of the agency, and shall be read publicly at the next
226	meeting held subsequent to the filing of this written
227	memorandum.
228	(5)  A county, municipal, or other local public officer may
229	not participate in any matter that would inure to the officer's
230	special private gain or loss; that the officer knows would inure
231	to the special private gain or loss of any principal by whom he
232	or she is retained or to the parent organization, sibling, or
233	subsidiary of a corporate principal by which he or she is
234	retained, other than an agency as defined in s. 112.312(2); or
235	that he or she knows would inure to the special private gain or
236	loss of a relative or business associate of the public officer,
237	without first disclosing the nature of his or her interest in
238	the matter.
239	(a)  Such disclosure, indicating the nature of all of his
240	or her interests in the matter and disclosing the nature of all
241	of the interests of the principals, relatives, or business
242	associates which are known to him or her, shall be made in a
243	written memorandum and filed with the person responsible for
244	recording the minutes of the meeting before the meeting in which
245	consideration of the matter will take place, and shall be
246	incorporated into the minutes. Any such memorandum becomes a
247	public record upon filing, shall immediately be provided to the
248	other members of the agency, and shall be read publicly at the
249	next meeting held subsequent to the filing of this written
250	memorandum.
251	(b)  If disclosure is not made before the meeting or if any
252	conflict is unknown before the meeting, the disclosure shall be
253	made orally at the meeting when it becomes known that a conflict
254	exists. The written memorandum disclosing the nature of the
255	conflict must be filed with the person responsible for recording
256	the minutes of the meeting within 15 days after the oral
257	disclosure and shall be incorporated into the minutes of the
258	meeting at which the oral disclosure was made. Any such
259	memorandum becomes a public record upon filing, shall
260	immediately be provided to the other members of the agency, and
261	shall be read publicly at the next meeting held subsequent to
262	the filing of this written memorandum.
263	(6)(c)  For purposes of this section subsection, the term
264	"participate" means any attempt to influence the decision by
265	oral or written communication, whether made by the officer or at
266	the officer's direction.
267	(7)(5)  Whenever a public officer or former public officer
268	is being considered for appointment or reappointment to public
269	office, the appointing body shall consider the number and nature
270	of the memoranda of conflict previously filed under this section
271	by the said officer.
272	Section 4.  Paragraph (a) of subsection (1) and subsection
273	(3) of section 112.3145, Florida Statutes, are amended to read:
274	112.3145  Disclosure of financial interests and clients
275	represented before agencies.--
276	(1)  For purposes of this section, unless the context
277	otherwise requires, the term:
278	(a)  "Local officer" means:
279	1.  Every person who is elected to office in any political
280	subdivision of the state, and every person who is appointed to
281	fill a vacancy for an unexpired term in such an elective office.
282	2.  Any appointed member of any of the following boards,
283	councils, commissions, authorities, or other bodies of any
284	county, municipality, school district, independent special
285	district, or other political subdivision of the state:
286	a.  The governing body of the political subdivision, if
287	appointed;
288	b.  An expressway authority or transportation authority
289	established by general law;
290	c.  A community college or junior college district board of
291	trustees;
292	d.  A board having the power to enforce local code
293	provisions;
294	e.  A planning or zoning board, board of adjustment, board
295	of appeals, community redevelopment agency board, or other board
296	having the power to recommend, create, or modify land planning
297	or zoning within the political subdivision, except for citizen
298	advisory committees, technical coordinating committees, and such
299	other groups who only have the power to make recommendations to
300	planning or zoning boards;
301	f.  A pension board or retirement board having the power to
302	invest pension or retirement funds or the power to make a
303	binding determination of one's entitlement to or amount of a
304	pension or other retirement benefit; or
305	g.  Any other appointed member of a local government board
306	who is required to file a statement of financial interests by
307	the appointing authority or the enabling legislation, ordinance,
308	or resolution creating the board.
309	3.  Any person holding one or more of the following
310	positions: mayor; county or city manager; chief administrative
311	employee of a county, municipality, or other political
312	subdivision; county or municipal attorney; finance director of a
313	county, municipality, or other political subdivision; chief
314	county or municipal building code inspector; county or municipal
315	water resources coordinator; county or municipal pollution
316	control director; county or municipal environmental control
317	director; county or municipal administrator, with power to grant
318	or deny a land development permit; chief of police; fire chief;
319	municipal clerk; district school superintendent; community
320	college president; district medical examiner; or purchasing
321	agent having the authority to make any purchase exceeding the
322	threshold amount provided for in s. 287.017 for CATEGORY ONE, on
323	behalf of any political subdivision of the state or any entity
324	thereof.
325	(3)  The statement of financial interests for state
326	officers, specified state employees, local officers, and persons
327	seeking to qualify as candidates for state or local office shall
328	be filed even if the reporting person holds no financial
329	interests requiring disclosure, in which case the statement
330	shall be marked "not applicable." Otherwise, the statement of
331	financial interests shall include, at the filer's option,
332	either:
333	(a)1.  All sources of income in excess of 5 percent of the
334	gross income received during the disclosure period by the person
335	in his or her own name or by any other person for his or her use
336	or benefit, excluding public salary. However, this shall not be
337	construed to require disclosure of a business partner's sources
338	of income. The person reporting shall list such sources in
339	descending order of value with the largest source first;
340	2.  All sources of income to a business entity in excess of
341	10 percent of the gross income of a business entity in which the
342	reporting person held a material interest and from which he or
343	she received an amount which was in excess of 10 percent of his
344	or her gross income during the disclosure period and which
345	exceeds $1,500. The period for computing the gross income of the
346	business entity is the fiscal year of the business entity which
347	ended on, or immediately prior to, the end of the disclosure
348	period of the person reporting;
349	3.  The location or description of real property in this
350	state, except for residences and vacation homes, owned directly
351	or indirectly by the person reporting, when such person owns in
352	excess of 5 percent of the value of such real property, and a
353	general description of any intangible personal property worth in
354	excess of 10 percent of such person's total assets. For the
355	purposes of this paragraph, indirect ownership does not include
356	ownership by a spouse or minor child; and
357	4.  Every individual liability that equals more than the
358	reporting person's net worth; or
359	(b)1.  All sources of gross income in excess of $2,500
360	received during the disclosure period by the person in his or
361	her own name or by any other person for his or her use or
362	benefit, excluding public salary. However, this shall not be
363	construed to require disclosure of a business partner's sources
364	of income. The person reporting shall list such sources in
365	descending order of value with the largest source first;
366	2.  All sources of income to a business entity in excess of
367	10 percent of the gross income of a business entity in which the
368	reporting person held a material interest and from which he or
369	she received gross income exceeding $5,000 during the disclosure
370	period. The period for computing the gross income of the
371	business entity is the fiscal year of the business entity which
372	ended on, or immediately prior to, the end of the disclosure
373	period of the person reporting;
374	3.  The location or description of real property in this
375	state, except for residence and vacation homes, owned directly
376	or indirectly by the person reporting, when such person owns in
377	excess of 5 percent of the value of such real property, and a
378	general description of any intangible personal property worth in
379	excess of $10,000. For the purpose of this paragraph, indirect
380	ownership does not include ownership by a spouse or minor child;
381	and
382	4.  Every liability in excess of $10,000.
383
384	A person filing a statement of financial interests shall
385	indicate on the statement whether he or she is using the method
386	specified in paragraph (a) or the method specified in paragraph
387	(b).
388	Section 5.  Paragraph (e) of subsection (2), subsections
389	(3) and (4), and paragraph (a) of subsection (5) of section
390	112.3148, Florida Statutes, are amended, and paragraph (f) is
391	added to subsection (2) of that section, to read:
392	112.3148  Reporting and prohibited receipt of gifts by
393	individuals filing full or limited public disclosure of
394	financial interests and by procurement employees.--
395	(2)  As used in this section:
396	(e)  "Procurement employee" means any employee of an
397	officer, department, board, commission, or council, or agency of
398	the executive branch or judicial branch of state government who
399	has participated in the preceding 12 months participates through
400	decision, approval, disapproval, recommendation, preparation of
401	any part of a purchase request, influencing the content of any
402	specification or procurement standard, rendering of advice,
403	investigation, or auditing or in any other advisory capacity in
404	the procurement of contractual services or commodities as
405	defined in s. 287.012, if the cost of such services or
406	commodities exceeds $10,000 $1,000 in any fiscal year.
407	(f)  "Vendor" means a business entity doing business
408	directly with an agency, such as renting, leasing, or selling
409	any realty, goods, or services.
410	(3)  A reporting individual or procurement employee is
411	prohibited from soliciting any gift from a political committee
412	or committee of continuous existence, as defined in s. 106.011,
413	from a vendor doing business with the reporting individual's or
414	procurement employee's agency, or from a lobbyist who lobbies
415	the reporting individual's or procurement employee's agency, or
416	the partner, firm, employer, or principal of such lobbyist,
417	where such gift is for the personal benefit of the reporting
418	individual or procurement employee, another reporting individual
419	or procurement employee, or any member of the immediate family
420	of a reporting individual or procurement employee.
421	(4)  A reporting individual or procurement employee or any
422	other person on his or her behalf is prohibited from knowingly
423	accepting, directly or indirectly, a gift from a political
424	committee or committee of continuous existence, as defined in s.
425	106.011, from a vendor doing business with the reporting
426	individual's or procurement employee's agency, or from a
427	lobbyist who lobbies the reporting individual's or procurement
428	employee's agency, or directly or indirectly on behalf of the
429	partner, firm, employer, or principal of a lobbyist, if he or
430	she knows or reasonably believes that the gift has a value in
431	excess of $100; however, such a gift may be accepted by such
432	person on behalf of a governmental entity or a charitable
433	organization. If the gift is accepted on behalf of a
434	governmental entity or charitable organization, the person
435	receiving the gift shall not maintain custody of the gift for
436	any period of time beyond that reasonably necessary to arrange
437	for the transfer of custody and ownership of the gift.
438	(5)(a)  A political committee or a committee of continuous
439	existence, as defined in s. 106.011; a vendor doing business
440	with the reporting individual's or procurement employee's
441	agency; a lobbyist who lobbies a reporting individual's or
442	procurement employee's agency; the partner, firm, employer, or
443	principal of a lobbyist; or another on behalf of the lobbyist or
444	partner, firm, principal, or employer of the lobbyist is
445	prohibited from giving, either directly or indirectly, a gift
446	that has a value in excess of $100 to the reporting individual
447	or procurement employee or any other person on his or her
448	behalf; however, such person may give a gift having a value in
449	excess of $100 to a reporting individual or procurement employee
450	if the gift is intended to be transferred to a governmental
451	entity or a charitable organization.
452	Section 6.  Paragraph (e) of subsection (1) and subsections
453	(3) and (4) of section 112.3149, Florida Statutes, are amended,
454	and paragraph (f) is added to subsection (1) of that section, to
455	read:
456	112.3149  Solicitation and disclosure of honoraria.--
457	(1)  As used in this section:
458	(e)  "Procurement employee" means any employee of an
459	officer, department, board, commission, or council, or agency of
460	the executive branch or judicial branch of state government who
461	has participated in the preceding 12 months participates through
462	decision, approval, disapproval, recommendation, preparation of
463	any part of a purchase request, influencing the content of any
464	specification or procurement standard, rendering of advice,
465	investigation, or auditing or in any other advisory capacity in
466	the procurement of contractual services or commodities as
467	defined in s. 287.012, if the cost of such services or
468	commodities exceeds $10,000 $1,000 in any fiscal year.
469	(f)  "Vendor" means a business entity doing business
470	directly with an agency, such as renting, leasing, or selling
471	any realty, goods, or services.
472	(3)  A reporting individual or procurement employee is
473	prohibited from knowingly accepting an honorarium from a
474	political committee or committee of continuous existence, as
475	defined in s. 106.011, from a vendor doing business with the
476	reporting individual's or procurement employee's agency, from a
477	lobbyist who lobbies the reporting individual's or procurement
478	employee's agency, or from the employer, principal, partner, or
479	firm of such a lobbyist.
480	(4)  A political committee or committee of continuous
481	existence, as defined in s. 106.011, a vendor doing business
482	with the reporting individual's or procurement employee's
483	agency, a lobbyist who lobbies a reporting individual's or
484	procurement employee's agency, or the employer, principal,
485	partner, or firm of such a lobbyist is prohibited from giving an
486	honorarium to a reporting individual or procurement employee.
487	Section 7.  Subsection (8) of section 112.3215, Florida
488	Statutes, is amended, present subsections (11), (12), (13), and
489	(14) of that section are redesignated as subsections (12), (13),
490	(14), and (15), respectively, and a new subsection (11) is added
491	to that section, to read:
492	112.3215  Lobbying before the executive branch or the
493	Constitution Revision Commission; registration and reporting;
494	investigation by commission.--
495	(8)(a)  The commission shall investigate every sworn
496	complaint that is filed with it alleging that a person covered
497	by this section has failed to register, has failed to submit a
498	compensation report, has made a prohibited expenditure, or has
499	knowingly submitted false information in any report or
500	registration required in this section.
501	(b)  All proceedings, the complaint, and other records
502	relating to the investigation are confidential and exempt from
503	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
504	Constitution, and any meetings held pursuant to an investigation
505	are exempt from the provisions of s. 286.011(1) and s. 24(b),
506	Art. I of the State Constitution either until the alleged
507	violator requests in writing that such investigation and
508	associated records and meetings be made public or until the
509	commission determines, based on the investigation, whether
510	probable cause exists to believe that a violation has occurred.
511	(c)  The commission shall investigate any lobbying firm,
512	lobbyist, principal, agency, officer, or employee upon receipt
513	of information from a sworn complaint or from a random audit of
514	lobbying reports indicating a possible violation other than a
515	late-filed report.
516	(d)  Records relating to an audit conducted pursuant to
517	this section or an investigation conducted pursuant to this
518	section or s. 112.32155 are confidential and exempt from s.
519	119.07(1) and s. 24(a), Art. I of the State Constitution, and
520	any meetings held pursuant to such an investigation or at which
521	such an audit is discussed are exempt from s. 286.011 and s.
522	24(b), Art. I of the State Constitution either until the
523	lobbying firm requests in writing that such investigation and
524	associated records and meetings be made public or until the
525	commission determines there is probable cause that the audit
526	reflects a violation of the reporting laws. This paragraph is
527	subject to the Open Government Sunset Review Act in accordance
528	with s. 119.15 and shall stand repealed on October 2, 2011,
529	unless reviewed and saved from repeal through reenactment by the
530	Legislature.
531	(11)  Any person who is required to be registered or to
532	provide information under this section or under rules adopted
533	pursuant to this section and who knowingly fails to disclose any
534	material fact that is required by this section or by rules
535	adopted pursuant to this section, or who knowingly provides
536	false information on any report required by this section or by
537	rules adopted pursuant to this section, commits a noncriminal
538	infraction, punishable by a fine not to exceed $5,000. Such
539	penalty is in addition to any other penalty assessed by the
540	Governor and Cabinet pursuant to subsection (10).
541	Section 8.  Section 112.3136, Florida Statutes, is created
542	to read:
543	112.3136  Standards of conduct for officers and employees
544	of entities serving as chief administrative officer of political
545	subdivisions.--The officers, directors, and chief executive
546	officer of a corporation, partnership, or other business entity
547	that is serving as the chief administrative or executive officer
548	or employee of a political subdivision, and any business entity
549	employee who is acting as the chief administrative or executive
550	officer or employee of the political subdivision, shall be
551	treated as public officers and employees for the purpose of the
552	following sections:
553	(1)  Section 112.313, and their "agency" is the political
554	subdivision that they serve; however, the contract under which
555	the business entity serves as chief executive or administrative
556	officer of the political subdivision is not deemed to violate s.
557	112.313(3) or (7).
558	(2)  Section 112.3145, as a "local officer."
559	(3)  Sections 112.3148 and 112.3149, as a "reporting
560	individual."
561	Section 9.  Paragraph (e) is added to subsection (1) of
562	section 112.317, Florida Statutes, to read:
563	112.317  Penalties.--
564	(1)  Violation of any provision of this part, including,
565	but not limited to, any failure to file any disclosures required
566	by this part or violation of any standard of conduct imposed by
567	this part, or violation of any provision of s. 8, Art. II of the
568	State Constitution, in addition to any criminal penalty or other
569	civil penalty involved, shall, under applicable constitutional
570	and statutory procedures, constitute grounds for, and may be
571	punished by, one or more of the following:
572	(e)  In the case of a person who is subject to the
573	standards of this part, other than a lobbyist or lobbying firm
574	under s. 112.3215 for a violation of s. 112.3215, but who is not
575	a public officer or employee:
576	1.  Public censure and reprimand.
577	2.  A civil penalty not to exceed $10,000.
578	3.  Restitution of any pecuniary benefits received because
579	of the violation committed. The commission may recommend that
580	the restitution penalty be paid to the agency of the person or
581	to the General Revenue Fund.
582	Section 10.  Paragraph (d) of subsection (8) of section
583	112.324, Florida Statutes, is amended to read:
584	112.324  Procedures on complaints of violations; public
585	records and meeting exemptions.--
586	(8)  If, in cases pertaining to complaints other than
587	complaints against impeachable officers or members of the
588	Legislature, upon completion of a full and final investigation
589	by the commission, the commission finds that there has been a
590	violation of this part or of s. 8, Art. II of the State
591	Constitution, it shall be the duty of the commission to report
592	its findings and recommend appropriate action to the proper
593	disciplinary official or body as follows, and such official or
594	body shall have the power to invoke the penalty provisions of
595	this part, including the power to order the appropriate
596	elections official to remove a candidate from the ballot for a
597	violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
598	State Constitution:
599	(d)  Except as otherwise provided by this part, the
600	Governor, in the case of any other public officer, public
601	employee, former public officer or public employee, candidate,
602	or former candidate, or person who is not a public officer or
603	employee, other than lobbyists and lobbying firms under s.
604	112.3215 for violations of s. 112.3215.
605	Section 11.  Paragraph (a) of subsection (5) of section
606	411.01, Florida Statutes, is amended to read:
607	411.01  School readiness programs; early learning
608	coalitions.--
609	(5)  CREATION OF EARLY LEARNING COALITIONS.--
610	(a)  Early learning coalitions.--
611	1.  The Agency for Workforce Innovation shall establish the
612	minimum number of children to be served by each early learning
613	coalition through the coalition's school readiness program. The
614	Agency for Workforce Innovation may only approve school
615	readiness plans in accordance with this minimum number. The
616	minimum number must be uniform for every early learning
617	coalition and must:
618	a.  Permit 30 or fewer coalitions to be established; and
619	b.  Require each coalition to serve at least 2,000 children
620	based upon the average number of all children served per month
621	through the coalition's school readiness program during the
622	previous 12 months.
623
624	The Agency for Workforce Innovation shall adopt procedures for
625	merging early learning coalitions, including procedures for the
626	consolidation of merging coalitions, and for the early
627	termination of the terms of coalition members which are
628	necessary to accomplish the mergers. Each early learning
629	coalition must comply with the merger procedures and shall be
630	organized in accordance with this subparagraph by April 1, 2005.
631	By June 30, 2005, each coalition must complete the transfer of
632	powers, duties, functions, rules, records, personnel, property,
633	and unexpended balances of appropriations, allocations, and
634	other funds to the successor coalition, if applicable.
635	2.  If an early learning coalition would serve fewer
636	children than the minimum number established under subparagraph
637	1., the coalition must merge with another county to form a
638	multicounty coalition. However, the Agency for Workforce
639	Innovation may authorize an early learning coalition to serve
640	fewer children than the minimum number established under
641	subparagraph 1., if:
642	a.  The coalition demonstrates to the Agency for Workforce
643	Innovation that merging with another county or multicounty
644	region contiguous to the coalition would cause an extreme
645	hardship on the coalition;
646	b.  The Agency for Workforce Innovation has determined
647	during the most recent annual review of the coalition's school
648	readiness plan, or through monitoring and performance
649	evaluations conducted under paragraph (4)(l), that the coalition
650	has substantially implemented its plan and substantially met the
651	performance standards and outcome measures adopted by the
652	agency; and
653	c.  The coalition demonstrates to the Agency for Workforce
654	Innovation the coalition's ability to effectively and
655	efficiently implement the Voluntary Prekindergarten Education
656	Program.
657
658	If an early learning coalition fails or refuses to merge as
659	required by this subparagraph, the Agency for Workforce
660	Innovation may dissolve the coalition and temporarily contract
661	with a qualified entity to continue school readiness and
662	prekindergarten services in the coalition's county or
663	multicounty region until the coalition is reestablished through
664	resubmission of a school readiness plan and approval by the
665	agency.
666	3.  Notwithstanding the provisions of subparagraphs 1. and
667	2., the early learning coalitions in Sarasota, Osceola, and
668	Santa Rosa Counties which were in operation on January 1, 2005,
669	are established and authorized to continue operation as
670	independent coalitions, and shall not be counted within the
671	limit of 30 coalitions established in subparagraph 1.
672	4.  Each early learning coalition shall be composed of at
673	least 18 members but not more than 35 members. The Agency for
674	Workforce Innovation shall adopt standards establishing within
675	this range the minimum and maximum number of members that may be
676	appointed to an early learning coalition. These standards must
677	include variations for a coalition serving a multicounty region.
678	Each early learning coalition must comply with these standards.
679	5.  The Governor shall appoint the chair and two other
680	members of each early learning coalition, who must each meet the
681	same qualifications as private sector business members appointed
682	by the coalition under subparagraph 7.
683	6.  Each early learning coalition must include the
684	following members:
685	a.  A Department of Children and Family Services district
686	administrator or his or her designee who is authorized to make
687	decisions on behalf of the department.
688	b.  A district superintendent of schools or his or her
689	designee who is authorized to make decisions on behalf of the
690	district, who shall be a nonvoting member.
691	c.  A regional workforce board executive director or his or
692	her designee.
693	d.  A county health department director or his or her
694	designee.
695	e.  A children's services council or juvenile welfare board
696	chair or executive director, if applicable, who shall be a
697	nonvoting member if the council or board is the fiscal agent of
698	the coalition or if the council or board contracts with and
699	receives funds from the coalition.
700	f.  An agency head of a local licensing agency as defined
701	in s. 402.302, where applicable.
702	g.  A president of a community college or his or her
703	designee.
704	h.  One member appointed by a board of county
705	commissioners.
706	i.  A central agency administrator, where applicable, who
707	shall be a nonvoting member.
708	j.  A Head Start director, who shall be a nonvoting member.
709	k.  A representative of private child care providers,
710	including family day care homes, who shall be a nonvoting
711	member.
712	l.  A representative of faith-based child care providers,
713	who shall be a nonvoting member.
714	m.  A representative of programs for children with
715	disabilities under the federal Individuals with Disabilities
716	Education Act, who shall be a nonvoting member.
717	7.  Including the members appointed by the Governor under
718	subparagraph 5., more than one-third of the members of each
719	early learning coalition must be private sector business members
720	who do not have, and none of whose relatives as defined in s.
721	112.3143 has, a substantial financial interest in the design or
722	delivery of the Voluntary Prekindergarten Education Program
723	created under part V of chapter 1002 or the coalition's school
724	readiness program. To meet this requirement an early learning
725	coalition must appoint additional members from a list of
726	nominees submitted to the coalition by a chamber of commerce or
727	economic development council within the geographic region served
728	by the coalition. The Agency for Workforce Innovation shall
729	establish criteria for appointing private sector business
730	members. These criteria must include standards for determining
731	whether a member or relative has a substantial financial
732	interest in the design or delivery of the Voluntary
733	Prekindergarten Education Program or the coalition's school
734	readiness program.
735	8.  A majority of the voting membership of an early
736	learning coalition constitutes a quorum required to conduct the
737	business of the coalition.
738	9.  A voting member of an early learning coalition may not
739	appoint a designee to act in his or her place, except as
740	otherwise provided in this paragraph. A voting member may send a
741	representative to coalition meetings, but that representative
742	does not have voting privileges. When a district administrator
743	for the Department of Children and Family Services appoints a
744	designee to an early learning coalition, the designee is the
745	voting member of the coalition, and any individual attending in
746	the designee's place, including the district administrator, does
747	not have voting privileges.
748	10.  Each member of an early learning coalition is subject
749	to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
750	112.3143(4)(a) s. 112.3143(3)(a), each voting member is a local
751	public officer who must abstain from voting when a voting
752	conflict exists.
753	11.  For purposes of tort liability, each member or
754	employee of an early learning coalition shall be governed by s.
755	768.28.
756	12.  An early learning coalition serving a multicounty
757	region must include representation from each county.
758	13.  Each early learning coalition shall establish terms
759	for all appointed members of the coalition. The terms must be
760	staggered and must be a uniform length that does not exceed 4
761	years per term. Appointed members may serve a maximum of two
762	consecutive terms. When a vacancy occurs in an appointed
763	position, the coalition must advertise the vacancy.
764	Section 12.  This act shall take effect January 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.